1935 Constitution

1935 Constitution
Name	1935 Constitution
Jurisdiction	Philippines
Date adopted	1935
Date effective	1935
System	Presidential, Unitary
Branches	Executive, Legislative, Judicial
Executive	President
Legislature	National Assembly
Judiciary	Supreme Court

1935 Constitution The 1935 Constitution was the fundamental charter that established the Commonwealth of the Philippines and defined the institutional framework for the transition from colonial rule to full sovereignty. Drafted during the interwar period amid negotiations among colonial officials, nationalist leaders, and international actors, the document synthesized models from the United States Constitution, constitutional practice in the United Kingdom, and local precedents such as the Malolos Constitution and the legal traditions of the Philippine Revolution. Its adoption shaped executive authority, legislative design, civil liberties, and judicial review during a formative period that included the Commonwealth of the Philippines (1935–1946), the Second World War, and postwar independence.

Background and Drafting

Drafting occurred in the context of the Tydings–McDuffie Act, the Jones Act (Philippine Autonomy Act), and negotiations among leaders including Manuel L. Quezon, Sergio Osmeña, Emilio Aguinaldo, and delegates from provinces such as Cebu, Iloilo, and Leyte. The constitutional convention convened in Manila with attorneys, politicians, and scholars familiar with documents like the United States Declaration of Independence, the United States Bill of Rights, and the French Declaration of the Rights of Man and of the Citizen. Influences also reflected jurisprudence from the Supreme Court of the United States, administrative models used by the Colonial Office and precedents from the Commonwealth of Australia. Controversies during drafting touched on the balance of power exemplified in debates referencing the Federalist Papers and the parliamentary precedents of the British Parliament.

Key Provisions

The charter enumerated fundamental rights and defined suffrage, incorporating protections comparable to those found in the United States Bill of Rights and clauses inspired by the Habeas Corpus Act. It guaranteed civil liberties relevant to cases heard in the Supreme Court of the Philippines and set qualifications for officeholders similar to those in the U.S. Constitution and the Constitution of Canada. Economic provisions had echoes of negotiations around the Tydings–McDuffie Act and treaties such as the Treaty of Paris (1898), affecting trade relations with the United States. The document established a presidential term framework and succession rules that paralleled provisions in the Constitution of the United States and administrative norms from the Commonwealth of Massachusetts. It also addressed local government autonomy referencing historical institutions like the Philippine Commission and the Sangguniang Bayan precursors.

Government Structure and Institutions

Under the charter the executive branch centered on a powerful presidency occupied by figures like Manuel L. Quezon and later Sergio Osmeña, responsible for appointments, military command tied to forces such as the Philippine Constabulary, and foreign relations with entities including the United States Department of State. The unicameral legislature, the National Assembly of the Philippines, traced its format to debates influenced by the U.S. Congress and the British House of Commons, with committee practices resembling those in the U.S. House of Representatives. The judiciary featured a Supreme Court of the Philippines with authority for judicial review akin to doctrines from the Marbury v. Madison tradition and appellate procedures reflecting the Court of Appeals of the Philippines and lower courts established under earlier acts like the Philippine Organic Act of 1902.

Amendments and Revisions

Amendment mechanisms resembled processes found in the United States Constitution and other nineteenth- and twentieth-century charters; conventions and plebiscites were options referenced in debates involving leaders associated with the Nationalist Party (Philippines) and the Nacionalista Party. Significant revisions occurred through legislative action and constitutional conventions that drew on constitutional theory practiced in the Second Constitutional Convention of 1971 and legal scholarship influenced by jurists who studied at institutions such as Harvard Law School and Yale Law School. Wartime exigencies, including measures under Japanese occupation of the Philippines (1942–1945), led to ad hoc modifications and postwar restorations shaped by accords among actors like Manuel Roxas and representatives negotiating independence with the United States Congress.

Political Impact and Implementation

Implementation affected political parties including the Nacionalista Party and factions around figures like Manuel L. Quezon; electoral contests engaged local power bases in provinces such as Batangas and Pampanga. The constitution structured the transition to full independence recognized after negotiations culminating in the Treaty of Manila (1946) and postwar settlement discussions with the United States. Its framework influenced wartime governance during the Philippine Commonwealth and the resistance movements that allied with the United States Armed Forces in the Far East (USAFFE) and guerrilla units. Institutional practices established under the charter persisted through post-independence administrations including that of Elpidio Quirino and influenced civil service systems, public administration reforms, and judicial appointments.

Legacy and Influence on Subsequent Constitutions

The charter’s legacy is evident in later constitutions including the 1973 Constitution of the Philippines and the 1987 Constitution of the Philippines, where debates revisited presidential powers, judicial review, and civil liberties originally framed in 1935. Comparative constitutional scholars cite links to the U.S. Constitution, the Malolos Constitution, and postwar constitutionalism studied in contexts like India and Japan. Institutions established or reformed under the 1935 framework—such as the Supreme Court of the Philippines, the civil service apparatus, and electoral mechanisms—continued to inform reforms carried out during periods associated with leaders like Ferdinand Marcos and Corazon Aquino. Its influence extends to constitutional pedagogy in law schools like the University of the Philippines College of Law and to archival collections preserved in repositories such as the National Archives of the Philippines.

Category:Constitutions of the Philippines